House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Public Bill Committee Proceedings: 29th January 2008
80

Housing and Regeneration Bill, continued

‘( )
The action specified in an enforcement notice may include publishing the notice

in a specified manner.’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  265

Clause  198,  page  75,  line  34,  after ‘224’ insert ‘, 226’.

Clause, as amended, Agreed to.

Clauses 199 to 203 Agreed to.

Mr Iain Wright

Agreed to  266

Clause  204,  page  77,  line  2,  at end insert—

‘( )
Case 4A is where the registered provider has failed to pay an annual fee under

section 113(2).’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  267

Clause  205,  page  77,  line  19,  leave out ‘and’.

Mr Iain Wright

Agreed to  268

Clause  205,  page  77,  line  19,  at end insert—

‘( )
how the penalty must be paid.’.

Mr Iain Wright

Agreed to  269

Clause  205,  page  77,  line  20,  at end insert ‘, and

( )
any interest or additional penalty which, by virtue of section 211(2), is

payable in the event of late payment.’.

Mr Iain Wright

Agreed to  270

Clause  205,  page  77,  line  20,  at end insert—

‘(2A)
The notice may require the registered provider to publish information about the

penalty in a specified manner.’.

Public Bill Committee Proceedings: 29th January 2008
81

Housing and Regeneration Bill, continued

Mr Iain Wright

Agreed to  271

Clause  205,  page  77,  line  20,  at end insert—

‘( )
The notice must explain the effect of sections 211(1), (3) and (6) and 212.’.

Clause, as amended, Agreed to.

Mr Iain Wright

Not selected  272

Page  77,  line  27,  leave out Clause 206.

Clause Disagreed to.

Mr Iain Wright

Agreed to  273

Clause  207,  page  78,  line  2,  leave out subsection (1).

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  274

Clause  208,  page  78,  line  32,  leave out ‘, 228 and 232.’ and insert ‘and 228.’.

Clause, as amended, Agreed to.

Clauses 209 to 216 Agreed to.

Mr Iain Wright

Agreed to  275

Clause  217,  page  80,  line  39,  leave out ‘and’.

Mr Iain Wright

Agreed to  276

Clause  217,  page  81,  line  1,  at end insert ‘, and

( )
any interest or additional compensation which, by virtue of section

220(2), is payable in the event of late payment.’.

Mr Iain Wright

Agreed to  277

Clause  217,  page  81,  line  1,  at end insert—

Public Bill Committee Proceedings: 29th January 2008
82

Housing and Regeneration Bill, continued

‘(2A)
The notice may require the registered provider to publish information about the

compensation award in a specified manner.’.

Mr Iain Wright

Agreed to  278

Clause  217,  page  81,  line  1,  at end insert—

‘( )
The notice must explain the effect of sections 220(1) and (3) and 221.’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  279

Clause  218,  page  81,  line  17,  at end insert—

‘( )
Before giving a pre-compensation warning the regulator must consult the person

appointed by virtue of section 120 as the ombudsman for the scheme of which the

registered provider is a member.’.

Mr Iain Wright

Agreed to  280

Clause  218,  page  81,  line  23,  at end insert—

‘( )
A pre-compensation warning must—

(a)
refer to section 121 (voluntary undertaking), and

(b)
indicate whether or to what extent the regulator would accept a voluntary

undertaking instead of, or in mitigation of, awarding compensation.’.

Mr Iain Wright

Agreed to  281

Clause  218,  page  81,  line  25,  after ‘224’ insert ‘, 226’.

Clause, as amended, Agreed to.

Clauses 219 to 222 Agreed to.

Mr Nick Raynsford

Not called  347

Clause  223,  page  82,  line  22,  leave out paragraph (a).

Lyn Brown

Not called  339

Clause  223,  page  82,  line  25,  at end insert ‘, or

(c)
the registered provider is not a local housing authority or a person

controlled by a local housing authority.’.

Mr Iain Wright

Agreed to  282

Clause  223,  page  82,  line  36,  leave out second ‘the’ and insert ‘a’.

Public Bill Committee Proceedings: 29th January 2008
83

Housing and Regeneration Bill, continued

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  283

Clause  224,  page  83,  line  22,   after ‘218’ insert ‘, 226’.

Mr Iain Wright

Agreed to  284

Clause  224,  page  83,  line  28,  at end insert—

‘( )
If the regulator imposes a requirement it must send a copy to the HCA.’.

Clause, as amended, Agreed to.

Mr Nick Raynsford

Not called  348

Clause  225,  page  83,  line  34,  leave out paragraph (a).

Lyn Brown

Not called  340

Clause  225,  page  83,  line  40,  at end insert ‘, or

(d)
the registered provider is not a local housing authority or a person

controlled by a local housing authority.’.

Clause Agreed to.

Mr Iain Wright

Agreed to  285

Clause  226,  page  84,  line  32,  leave out ‘, 228 and 232.’ and insert ‘and 228.’.

Mr Iain Wright

Agreed to  286

Clause  226,  page  84,  line  32,  at end insert—

‘( )
In imposing a requirement the regulator must have regard to views of—

(a)
relevant tenants,

(b)
the registered provider,

(c)
the HCA, and

(d)
if the regulator thinks it appropriate, any relevant local housing

authority.’.

Mr Iain Wright

Agreed to  287

Clause  226,  page  84,  line  32,  at end insert—

Public Bill Committee Proceedings: 29th January 2008
84

Housing and Regeneration Bill, continued

‘( )
If the regulator imposes a requirement it must send a copy to the HCA.’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  288

Clause  227,  page  84,  line  42,  after ‘appoint’ insert ‘an individual as’.

Mr Iain Wright

Agreed to  289

Clause  227,  page  84,  line  43,  after ‘appoint’ insert ‘an individual as’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  290

Clause  228,  page  85,  line  34,  leave out ‘, 226 and 232.’ and insert ‘and 226.’.

Mr Iain Wright

Agreed to  291

Clause  228,  page  85,  line  34,  at end insert—

‘( )
The regulator must notify the HCA of an appointment or requirement under

section 227(2).’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  292

Clause  229,  page  86,  line  3,  leave out ‘used for social housing’.

Clause, as amended, Agreed to.

Clauses 230 and 231 Agreed to.

Mr Iain Wright

Agreed to  293

Clause  232,  page  87,  line  10,  leave out subsection (2).

Public Bill Committee Proceedings: 29th January 2008
85

Housing and Regeneration Bill, continued

Mr Iain Wright

Agreed to  294

Clause  232,  page  87,  line  11,  leave out from ‘only if’ to end of line 38 and insert

‘the charity has received public assistance.’.

Clause, as amended, Agreed to.

Sir George Young

Lembit Öpik

Andrew George

Withdrawn  100

Clause  233,  page  88,  line  3,  after ‘constitution’, insert ‘provided that the total

number of appointees under this section does not exceed one-fourth of the total number

of officers, or four persons, whichever is greater’.

Clause Agreed to.

Clause 234 Agreed to.

Alistair Burt

Not called  333

Clause  235,  page  89,  line  10,  at end add—

‘(7)
The definitions of “subsidiary” in subsections 235(1) to (5) and “associate” in

subsection 235(6) shall not apply to persons controlled by local housing

authorities.’.

Clause Agreed to.

Clauses 236 and 237 Agreed to.

Mr Iain Wright

Agreed to  295

Clause  238,  page  90,  line  32,  at end insert—

‘“rent” includes payments under a licence to occupy accommodation,’.

Clause, as amended, Agreed to.

Mr Iain Wright

Agreed to  296

Clause  239,  page  91,  line  14,  at end insert—

Public Bill Committee Proceedings: 29th January 2008
86

Housing and Regeneration Bill, continued

‘Equity percentage arrangements
Section 69(5)’.

Mr Iain Wright

Agreed to  297

Clause  239,  page  91,  line  29,  at end insert—

‘Pre-compensation warning
Section 218’.

Mr Iain Wright

Agreed to  298

Clause  239,  page  91,  line  30,  at end insert—

‘Pre-penalty warning
Section 208’.

Mr Iain Wright

Agreed to  299

Clause  239,  page  92,  line  2,  at end insert—

‘Received public assistance (charities)
Section (charities that have “received

public assistance”)’.

Mr Iain Wright

Agreed to  300

Clause  239,  page  92,  line  8,  at end insert—

‘Rent
Section 238’.

Mr Iain Wright

Agreed to  301

Clause  239,  page  92,  line  10,  at end insert—

‘Shared ownership arrangements
Section 69(4)

Shared ownership trust
Section 69(6)’.

Clause, as amended, Agreed to.

Clause 240 Agreed to.

Mr Iain Wright

Agreed to  302

Clause  241,  page  92,  line  27,  leave out ‘(initially)’.